[Federal Register Volume 73, Number 12 (Thursday, January 17, 2008)]
[Notices]
[Page 3270]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 08-122]
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DEPARTMENT OF JUSTICE
Notice of Lodging of Settlement Agreement
Notice is hereby given that a proposed Settlement Agreement in
American International Specialty Lines Insurance Company, Inc. v. NWI-
I, Inc., et al., Civil Action No. 05-6386, was lodged on January 9,
2008 with the United States District Court for the Northern District of
Illinois.
American International Specialty Lines Insurance Company, Inc.
(AISLIC) filed this declaratory judgment action against NWI-I, Inc.,
LePetomane II, Inc. (as Trustee of the Fruit of the Loom Successor
Liquidation Trust), and LePetomane III, Inc. (as Trustee of the Fruit
of the Loom Custodial Trust), which are successor entities to bankrupt
Fruit of the Loom, Inc. (FTL), seeking to avoid coverage under a
Pollution Legal Liability insurance policy issued to FTL in 1998 (the
Policy). Under a 2002 settlement agreement in the FTL bankruptcy, the
Fruit of the Loom Successor Liquidation and Custodial Trusts were
created and those entities agreed to pursue FTL environmental insurance
claims under the Policy. Under the 2002 bankruptcy settlement, the
Custodial Trust owns and, using funds recovered by the Successor
Liquidation Trust, implements site investigation, clean-up, and
restoration activities at seven former FTL properties which are the
subject of the action: St. Louis Plant Site (St. Louis, Michigan),
Breckenridge Site (St. Louis/Breckenridge, Michigan), Residue Hill Site
(Chattanooga, Tennessee), Hardeman County Landfill Site (Toone,
Tennessee), Hollywood Dump Site (Memphis, Tennessee), Marshall Plant
Site (Marshall, Illinois), and Ventron/Velsicol/Berry's Creek Site (New
Jersey). The United States and the States of Illinois, Michigan, New
Jersey, and Tennessee are beneficiaries of the Trusts. The United
States intervened in AISLIC's action to protect its interests.
Pursuant to the Settlement Agreement, in return for a buyback of
the Policy, AISLIC will make an initial $30 million payment and ten
annual payments of $1.250 million, with interest running from May 15,
2007, to the Successor Liquidation Trust. The nature of the response
and/or restoration activities to be performed at each site is not an
issue addressed in this settlement and will, instead, be determined in
the usual course in a manner not inconsistent with the relevant
statutes. In addition, the Successor Liquidation Trust will separately
pay the three non-governmental intervenors, who allege that they are
insured under the Policy, $287,000 to resolve their claims against
AISLIC for coverage under the Policy.
The Department of Justice will receive, for a period of thirty (30)
days from the date of this publication, comments relating to the
proposed consent decree. Comments should be addressed to the Assistant
Attorney General, Environment and Natural Resources Division, and
either e-mailed to pubcomment-ees.enrd@usdoj.gov or mailed to P.O. Box
7611, U.S. Department of Justice, Washington, DC 20044-7611, and should
refer to American International Specialty Lines Insurance Company, Inc.
v. NWI-I, Inc., et al., DOJ Ref. 90-11-2-0709/1. Commenters
may request an opportunity for a public meeting in the affected area,
in accordance with section 7003(d) of RCRA, 42 U.S.C. 6973(d).
The proposed consent decree may be examined at the office of the
United States Attorney, United States Attorney's Office, Northern
District of Illinois, Eastern Division, 219 S. Dearborn St., 5th Floor,
Chicago, IL 60604, and at the Region V Office of the Environmental
Protection Agency, 77 W. Jackson Blvd., Chicago, IL 60604. During the
public comment period, the proposed consent decree may also be examined
on the Department of Justice Web site, at http://www.usdoj.gov/enrd/
Consent_Decrees.html. A copy of the proposed consent decree may also
be obtained by mail from the Consent Decree Library, P.O. Box 7611,
U.S. Department of Justice, Washington, DC 20044-7611 or by faxing or
e-mailing a request to Tonia Fleetwood (tonia.fleetwood@usdoj.gov), fax
number (202) 514-0097, phone confirmation number (202) 514-1547. In
requesting a copy from the Consent Decree Library, please enclose a
check in the amount of $33.00 (or $6.00, for a copy that omits the
exhibits and signature pages) (25 cents per page reproduction cost)
payable to the U.S. Treasury or, if by E-mail or fax, forward a check
in that amount to the Consent Decree Library at the stated address.
W. Benjamin Fisherow,
Deputy Section Chief, Environmental Enforcement Section, Environment
and Natural Resources Division.
[FR Doc. 08-122 Filed 1-16-08; 8:45 am]
BILLING CODE 4410-15-M